1979.01.10_PB_Minutes_Regularr
MINUTES: PLANNING COMMISSION, LOCAL PLANNING AGENCY, TOWN OF HIGHLAND
BEACH, FLORIDA, REGULAR MEETING, JANUARY 10, 1979. SITE PLAN
REVIEW LOT #103, OCEAN TERRACE, CONNOR/WEINER, BOCA HI, INC
BRAEMER ISLE.
• Chairman Boscove called the meeting to order at 7:35 p.m., advising this
was a regular meeting of the Planning Commission. The recording secretary
called the roll, the Agenda is Attachment "A".
Present: C. B. Blankenship, J. A. Boscove, N. M. Johnson,
R. B. Myers, J. M. Farrin, E. Edlund (Alternate).
Mr. Francis Hamzik, Building Official and Thomas E. Sliney, Town Attorney,
were present.
MINUTES
Chairman Boscove advised the first order of business to be approval of the
minutes of the meeting of December 13, 1978, previously examined. Mr.
Blankenship offered the motion to approve the minutes, Mr. Johnson seconded.
The minutes were approved as presented, all aye votes.
NEW BUSINESS
OCEAN TERRACE PROJECT, LOT #103, PEABODY AND CHILDS. MARC WEINER. REPRE-
SENTATIVE, HI RISE CONDOMINIUM, EAST SIDE ONLY. SITE PLAN REVIEW
Site plans for the Ocean Terrace project were presented. Mr. Hamzik noted
that the proposed structure was a 13 habitable story building plus 2.5 level
parking, a total of 15 stories, 43 units, 130 ft. above the crown of the
road. Acreage 1.72, medium high density (25 units per acre) building width
•
100 ft., length 138 ft. Mr. Weiner noted that the relocation of driveway
was being worked out with Florida Department of Transportation to include
a deceleration lane.
The construction control line, the vegetation line and the easterly
survey line were discussed and it was noted that the line furthest west of
these three lines must apply as ocean setback line. Following examination
of site plan and discussion of the general information contained thereon
Mr. Johnson moved
Se�d��to�app�rove the application for site plan review as pre-
sented) lr" 9A=U recommeled approval, Mr. Blankenship, Mr. Johnson,
Mr. Myers and Adm. Farrin voted aye for approval.
BOCA HI, INC. 4720 SOUTH OCEAN BLVD., PROPOSED CHANGE FOR BRAEMER ISLE
PHASE,_ SCHWAB & TWITTY, ARCHITECTS, A. V. STROCK & ASSOC. PRESENT MR.
RICHARD RODGERS, MR. PAUL TWITTY, GLENN SMITH, ATTORNEY.
Application for site plan review was presented by representatives of Boca
Hi, Inc., for the Braemer Isle Phase 1. Chairman Boscove noted that plans
had been examined at the meeting of November 8, 1978. Letter from T. E.
Sliney was read by the recording secretary, Attachment "B". Mr. Boscove
questioned paragraph (1) of Mr. Sliney's letter, dated January 10, 1979,
regarding conformance of current regulations and current comprehensive plan
0 #336, Mr. Sliney indicated the paragraph referred to Ordinance #336.
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MINUTES: PLANNING COMMISSION, LOCAL PLANNING AGENCY, TOWN OF HIGHLAND
BEACH, FLORIDA, REGULAR MEETING, JANUARY 10, 1979. SITE PLAN
REVIEW LOT #103, OCEAN TERRACE, CONNOR/WEINER. BOCA HI, INC.
40 BRAEMER ISLE.
In reply to question, Town Attorney Sliney noted that if the Planning
Commission makes a finding that (i) the change or changes are in accord
with all regulations in effect at the time that the change is requested,
and (ii) the change or changes are in accord with the general intent and
purpose of the comprehensive plan in effect at the time of the proposed
change, then the Planning Commission may approve the proposed change or
changes.
Mr. Boscove noted that changes must conform to todays zoning ordinance
otherwise the amendment procedure must be followed. The language used
in Town Attorney Sliney's letter dated January 10, 1979, is the operative
language used in Ordinances #198, 253 and 336.
Town Attorney Sliney noted that in accordance with the new plan, changes
not meeting with the Town regulation must go before the Town Commission.
Mr. Boscove noted that the applicant may go back and build the original
plan as approved if the requested change is denied.
A sheet showing Plan "A" Modified and approvals of 1974, referring to
Building "A", plus sheet showing Approved RPUD vs Proposed Revised RPUD
submitted by Boca Hi, Inc., Attachment "C", were examined by the members
• of the Planning Commission.
Attorney Glenn Smith, representing Boca Hi, Inc. requesting clarification
of Town Attorney Sliney's interpretation regarding the Planning Commission's
power to approve requested changes in RPUD plans. Mr. Boscove noted that
the Planning Commission has the power to approve changes if they fall
within present zoning, and advised that tentative approval of conceptual
drawings based upon presentation by Boca Hi, Inc. was given,subject to
interpretation by Town Attorney Sliney as to whether final approval could
be given by the Planning Commission. Mr. Boscove indicated that no details
of plan changes had been presented at the November 8, 1978, meeting. The
Planning Commission requested details of proposed changes prior to final
approval.
Attorney Smith questioned the standards to be used with regard to density.
Mr. Boscove advised if Boca Hi, Inc., did not adhere to present zoning
the procedure of approval of RPUD, must be exercised, meaning, recommen-
dation must be given to the Town Commission by the Planning Commission
for final action. If the change falls within the present zoning code and
if density and height are reduced and meet present zoning, the Planning
Commission will have final power to make that approval.
•Chairman Boscove advised that the change in RPUD plans being requested
does not conform with todays zoning and that plans submitted in 1974 did
not have approval of the Building Official in office.�� that time. Mr.
Richard Rodgers advised that plans submitted in 1974 were a modification
of Plan "A", Modified.
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Page - S- -1
MINUTES: PLANNING COMMISSION, LOCAL PLANNING AGENCY, TOWN OF HIGHLAND
BEACH, FLORIDA, REGULAR MEETING, JANUARY 10, 1979, SITE PLAN
REVIEW LOT #103, OCEAN TERRACE, CONNOR/WEINER BOCA HI, INC.
• BRAEMER ISLE.
In checking the Braemer Isle Comparison Chart presented by Boca Hi, Inc.,
Attachment "C", Chairman Boscove noted that the proposed RPUD width of
Building was 310 feet (visual impact from AIA).
Following Mr. Paul Twitty's presentation of the conceptual drawings pre-
viously shown to the Planning Commission and the drawings of proposed
changes for preliminary examination, Chairman Boscove advised that the
Planning Commission must call a Public Hearing before taking final action.
Mr. Boscove noted that since the proposed changes do not conform with
present zoning, the procedure calling for an amendment of the original
RPUD must be followed. The Planning Commission will make recommendations
to the Town Commission following the public hearing, for further action.
A general discussion followed covering density figures. Mr. Boscove
noted that Ordinance #253, Sec. 6.1, referred to procedures when con-
flicts exist between requirements for RPUD districts and the general
procision of this Ordinance or other applicable Town Codes. Chairman
Boscove again noted that Town Attorney Thomas E. Sliney had stated that
the Planning Commission was to measure the change against the present
Ordinance, #336, and that the change was to go to the RPUD amendment
procedure.
• A discussion of height levels followed a reference to Ordinance #198
by Attorney Glenn Smith.
Mr. Dan Abernathy, Planning Consultant, spoke relative to Ordinances #198
and #k199 and their intents and purposes. Mr. Abernathy read Sec. 6.4 e)
of the 1971 Zoning Ordinance concerning changes in development plans,
Attachment "D". Chairman Boscove advised that the Planning Commission
must follow the direction of the Town Attorney, in reply to a reference
by Mr. Abernathy to the Planning Commission's purview of jurisdiction.
Mr. Paul Twitty advised the members of the Planning Commission that pro-
posed measurements for the proposed changes are as follows: Length,
274 feet; Width, 310 feet; Height, 150 Ft. 6In; distance to Aberdeen
Arms, 455 feet; distance to Dalton Place, 380 feet; 18 Townhouses and
241 units in tower.
Col. H. Houck, resident of Aberdeen Arms, spoke relative to traffic, com-
munications and water supply in the Town of Highland Beach.
Mr. Myers noted that material relative to the subject of the Public Hearing
should be examined by the Planning Commission. Mr. Rodgers advised a set
•of plans for 17 story construction on Braemer Isle had been stamped and
signed by building inspector Vern Foster. Present Building Official Francis
Hamzik advised that these plans had been signed by Mr. Foster indicating
conformance to setback regulations, were initialed for approval of electric
and plumbing and did not have final approval by the former building in-
pector for a building inspector for a building permit.
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MINUTES: PLANNING COMMISSION, LOCAL PLANNING AGENCY TOWN OF HIGHLAND
BEACH, FLORIDA, REGULAR MEETING, JANUARY 10, 1979 SITE
• PLAN REVIEW LOT #103, OCEAN TERRACE, CONNOR/WEINER, BOCA HI,
INC. BRAEMER ISLE.
ADJOURNMENT
Chairman Boscove noted that under new business for the next regular
meeting of the Planning Commission, consideration of resumes submitted
by candidates for the vacancy existing on the Planning Commission will'
be scheduled. Copies of these resumes were distributed to,members.
The Public Hearing, with due public notice, for the purpose of considering
changes for Boca Hi, Inc., RPUD plans, including all phases, Braemer Isle,
Building "B", Building "C" and Townhouses, is scheduled for Wednesday,
January 31, 1979, at 7:30 p.m., at the Town Hall, Town of Highland Beach,
Florida.
The next regular meeting is scheduled for Wednesday, February 7, 1979,
at 7:30 p.m.
Mr. Blankenship moved to adjourn, Mr. Myers seconded, the meeting was
adjourned at 10:15 p.m. ---
APPROVED:
A o cove, Chairman N. M. Jonson, Vice Chai man
R. B. Myers M. Farrin, Secretary
C. B. Blankenship
Lucille S. Miller, Recording Secretary
NOTE: Public Hearing scheduled for January 31, 1979, was canceled.
Public Hearing for Boca Hi, Inc. change in RPUD plans rescheduled
for Wednesday, February 7, 1979, at 7:30 p.m.